Judgment as a Matter of Law and Summary Judgment are Very Similar But Take Place at Different Stages of a Civil Litigation

Briefly, motions for judgment as a matter of law (JMOL) and summary judgment are very similar in that  in both motions parties ask the judge to rule in their favor on one or more issues and because judges apply similar legal standards when deciding these motions – –  but they are different because they take place at different times during a civil case.  Summary judgment is a pre-trial motion, JMOL is an in-trial or post trial motion.  JMOL in some state courts is called a motion for a directed verdict.

Summary Judgment is a Pretrial Motion, JMOL Is In-Trial or Post-Trial

In the federal courts JMOL is governed by Rule 50.  The moving party must wait until its adversary has had an opportunity to present its case at trial before moving for JMOL.  In practice this means that after the plaintiff presents its case (plaintiff goes first) the defendant can move for JMOL.  After the defendant finishes presenting its case both the defendant and plaintiff can move for JMOL.

In a JMOL motion, the moving party asks the court to rule in its favor because the law and the evidence demonstrate that the moving party must win on one or more issues.  There is no need for a jury to deliberate.  A motion for JMOL has tactical advantages because if the judge denies the motion, the moving party can move again after the trial (a “renewed” motion for JMOL) pursuant to Rule 59.

A summary judgment motion, Rule 56, also asks the judge to rule in favor of one party on one or more issues.  Similar to JMOL, the motion argues that the evidence and the law so clearly favors the moving party that the judge should rule in the moving party’s favor without the need for a trial.

Typically, motions for summary judgment take place after discovery is complete  because at that point the parties have shared all the important evidence in the case.  However, it is possible for a party to move for summary judgment earlier in the case, even before discovery is complete.

The diagram below might be helpful:


Summary Judgment motions usually follow discovery.  JMOL is an in-trial or post-trial motion.

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